HomeMy WebLinkAboutContract 28209��� ��������
� �������r � - � � c�
FORT WORTH M�ACHAM INT�RNATIONAL AIltPORT
T�RNIINAL BUILDING OFFICE LEASE AGREEMENT
iT�xn�)
(O�'FICE SPAC� — DELTA AERONAUTICS, INC.)
Lessor: CITY OF FORT WORT Lessee: DELTA AERONAUTICS, IIVC.
C/O DEPARTMENT OF AVIATI4N ATTN: KF-IALED MILOUD, PRESIDENT
MEACHAM INTERNATIONAL AIIZP�RT MEACIIAM INTERNATIONAL AIR�'ORT
�k201 NORTH MAIN STREET, SLTITE-200 �201 NORTH MAIN STREET, SUITE-119
FORT WORTH, TEXAS 761Q6-2736 FORT' WORTH, TEXAS 76106
folIo�r+s:
In consideratian of the mutual covenants, promises and obligations contained herein, the parties agree as
1. PROPERTY LEASED. In accordance with the terms and conditians oithis Lease, Lessor here$y demises to
Lessee and Lesse� hereby acce}�t� and leases from Lessor 2,419 square feet of iirst flaar office space identified as Suite:
119 (the "Pre�nises") in the Ter�x►inal Buildinig ("Terminal") at Fort Worth Meacham Internationai Airport
{"Airport") and depicted on E�ibit "A", attached hereto and hereby made a part of this Lease far all purposes;
�. TERM OF LEASE. Unless terminated in accordance with tl�.e provisions of this Lease, (i} the �`Initial Term"
of this Lease vwilI commence on the dates as of which both I,essor and Lessee have executed this Lease and expire on
September 30, 2003 a�►d (ii) this Lease will auton:�atically rez�ew for successi�e Renewal Terms of one (1) year each,
commencing at 12:00 A.M. on October 1g` of each year and exp'vring at 11:59 P.M. the foIlawing 5eptember 30�` (each
"Renewal Terro")
3. RENT. During th� Initial Terfn at�d any Ren�wal T�rm, Lessee shall pay Lessor monthIy rent for ihe Premises
in accordance wzth the rates established for the Premises by the Aviation Department's Schedule of Rates and Charges in
effect as of the Effective Date of the respective 'I'ez-�r► ("Rent"). Prior to the Effective Date of this Lease, Lessee shall
pay one (1} month's rent 'tn ad�a�ce. in the event that flus Lease commences on a day ather than the first {l st) day af any
given month, the frst mont�i's rental payment shall be prorated in accordance with the number of days remaining in that
mortth.
3.2. Rent During Renewal Terms. Rental rates for eaeh Renewal Term shall comply with t�-ie rates
prescribed for the Premises by Lessor's published Schedule af Rates and Gharges ix� effect at the same time. Rent
payments must be received by Lessar's Revenue �i�'ice, 1040 Throekmortota, Fort Worth, Texas, 76101-Q976 an or
before the first (lst) day of each month. Payments must be received during normal working hours by the due date at the
Iocation far Lessor's Revenne Of�ce. Aent shall be considered past due if Lessor has not r�cezved full paymex�t after the
(lOth) day of the month for which payment is due ("Past Due Date"). Without limiting any af Lessor's rights and
remedies providad by this Lease or applicahle Iaw far non-payment aiR�nt, if Lessor will assess a late penalty charge af
ten percent (10°/a) per month on top of the entire month's rent for each month in wkuch rent is past cfue.
4. DEPOS�'. Upan executian of this Lease, Lessee will remit to Lessor a maintenac�ce/damage deposit
("Deposit") eyuivalent to one month's rent. Thereai�cr, Lessee shall, at a minimum, maintaz� its Deposit in an amount
that is equivalent to its current xnonthly rental amount for the Premises. Hawever, Lessor �ay increase the amount of the
Deposit to a reasonabje siun in exc�ss nf ane month's r�nt. Lessee's failure to �nainta.in its Deposit as required shall
canstitute a breach of this Lease.
Lessee's Deposit shall be in the form oi a cash payment. Lessee will not be entitled to any interest on this
Deposit. Unless Lessor terminates this �.ease for any breach, deFault or failwe by Lessee, Lessnr will refund any unused
portion of this Deposit within thirty (30} days following the date #hat Lessee �aeates the Premises. Lessee acknowledges
tfiat if Lessar terminates this Lease for any breach, default or failux-e by Lessee, Lessee shall forfeit the entire balance of
its Deposit.
Lease Agreement.De]ta Aeronautics, Inc.Te�m Lease
, �
�����'�' ' � . �..
�� ��� �,�i�
�'1 Ary �7y?
, �, - . •�'�,r
�. UTII.ITIES. Lessor agrees and cav�nants that it will pay far all utilities az� use on the Premises, with the
excepfiion of t�lephone utilities. Lessee agr�es that all heating �quipznent and other electrical�y-operated equipznent
whic� rnay be used on the Frennises shall fully cpmply with the City of Fort Worth Mechanical, Electzical, Plumbin.g,
Fire and Building Codes, as they exist or may hereaf�er be amended.
6. MAINTENANCE AND REPAIRS.
6.1. Maintenance and Renairs hv Lessor. Lessar shaIl providelanitarial services to the Premises unless
located in tl�e basement of the Terminal. Lessor agrees to perform minor repairs and maintenance on a timely basis as
required by the ordinary use of the Premises under the terms of t�is Lease a�d which are not caused by any violation
thereo F by Lessee. Lessor shall have the right and privilege, through its officers, agents, servants or employees to inspect
the Premises at any tiime. If Lessor determines that Lessee is responsible far any maintenanee or repairs required on the
Premises, it shall notify Lessee in writing. Lessee agrees to undertake such maintenance or repair work within thirry
(30) calendar days af r�ceipt of notice. If Lessee fails to undertalce the maintenance or repairs recommended within this
time, I.essor may, in its discxetion, perform tl�e necessary maintenance or repairs on hehalf of Lessee. in this event,
Lessee will reimburse Lessor for the cost of the maintenance or repairs, and payment will be due an the date of Lessee's
next � aonthly rental payment fbllowing completion of the repairs.
6.2. Maintanance and Renairs b� Lessee. Lessee agrees io keep and maintain the Preinises in a good,
clean and sanitary cpndition at all times Lessee cavenants and agrees that it will not make or suffer any waste of the
Pramises. Lessee shall not allow any holes to be drilled ar made in the brick, plaster or cement work. Lessee will not
pile or store bpxas, cartons, harrels or other similar items in a manner that is unsafe or unsightly. Ilpon termination of
this Lease, Lessee agrees to return the 1'remises to Lessor in the same condition as originalIy received, subject to
ordinary wear and tear consistent with normal use over time. Lessee is res�ponsible for all damages caused by the
negligence or misconduct of Lessee, its agents, servan#s, employees, cvntractors, subcontractors, patrons, licensees,
iri�itees ar t�espassers.
For any portion of t�e Premises located in the hasement of the Texrninal, Lessee shall provide, at
Lesse�'s own e�cpense, and use covered metal receptacles for the temporary storage of all trash and garbage and
arrange and pay for tiie sanitary transport and permanent disposal away from tl�e Airpart of all of Lessee's trash,
garbage and refuse.
6.3. Insnection. Lessor, through its officers, agents, servants or em�aloyees, res�rves the right to enter the
Premises at any time in order to perform any and all duties or obligations which Lessar is authorized or required to do
under the terms of this Lease or ta perform its govern�nental duties under fed�ral, state or local rules, regulafiions and
Eaws (including, but not limited to, inspections under applicable Health, Mechanical, Building, Electrical, Plumbing, and
Fire Codes, or other health, safety and general welfare regulations). Lessee will p�rmit the �'irs Marshal of the Gity o�
Fort Worth nr his agents ta make inspection of the Premises at any time, and Lessee wijl comply with a!1
recomm�ndations made to Lessee by the Fire MarshaI or his agents to bring the Premises into campliance with the City
of Fart Worth Fire Code and Building Code provisions regarding fire safety, as such proviszons exist or may hereafter be
added or amended. Lessee shall xnaintain in a praper condition aecessible fire extinguishers of a numher and rype
appraved by Fire Underwriters for the particular hazard in.voIved. Lessor shall provide L�ssee with advanc� notice pf
inspection when reasonable under the circumstances.
ACCEPTANCE OF PRENIISES.
'�.1, Asbestos Abatement Activities. Lessee ack�owledges the existe�zce of asbestas-contairti�rg
rrtaterial an the Premrses. After investigation by Lessor, Lessor represents that, eo the best of its knowledge, asbestos-
containing materials exist on the Premises to the extent identif'ied in Lessar's Le�el II Ashestos Assessment Report dated
Octoher 12, 1992, a public docuuient on file in Lessor`s City Secretary's Office and incorporated herein by reference for
all purposes. Lessee covenants and agrees to comply with all federal, state and loca3 lavws and regulatians, now in
existence or promulgated in the future, which pertain to as6estos-containing materials. Lessee covenants and agrees to
cooperate fvlly with any asbestos ahatement activity plan ar asbestos operations and maintenance plan set forth hy
i.essor. Lessee furtkaer covenants and agrees to notify and obtain written approval from Lessor prior to T.essee's
undertaking of any repairs, renovations, aiteratians or impravements to the Premises or of any other activity whiah might
����. �
2 �'� � _ ': J �
�
�
� � ��'
0
�
disturb asbestos-con.taining materials. Lessee agrees that it shall be soIely responsible for all expenses of such acti�ities.
Lessor retains the right to perform or cause to be parfornaed air saznpling or� the Premises to check for the presence of
airborne asbestos fibers. Lessee agrees to allow Lessor fuli access to the Pren�ises to per£oma such tests. I.essor will
make the results af any such tests available tv Lessee at L�ssee's requesfi.
7.2. Lessee's Accentance ofPremises. Lessee agrees and covenants that �t bas inspected the Pretnises
and is fully advised of its otvn rights xx+ithout reliance upon any representation made by Lessor concerning the conditiao
o� the Premises. �,essee accepts the Pramises in its present condition as satisFactory for all purposes set forth in this
Lease.
8. C�NSTRUCTION t�ND IlVIPROVEMENTS. Lessee may not undertake or allow any party to undertake
ar�y kind of alteration, erection, impro�ement or other construction work on ar to the Premises unl�ss it first requests and
receives in writing approval from the Director of Airport Systems or authorized representative. All such appro�ed
construction work on and impro�ements to the Premises shall comply fully with the Americans with Disabilities Act of
1990, as amended.
9. PARKING. Lessee sha31 have the right to use ihe designated public parking areas and, to the extent available
ar�d in accardance with �aolicies established by the Director of Airport Systema or authorized representative, to reserve
parking space in the permit area l�nown as Lot B on the notth side af the Terminai for the parking of company �ehicles
and tl�e vehicles of its employees, Iice�,nsees or invitees, subject to all ordinances and regulations of the City of Fort
Worth and all other applicable laws.
10. USE OF PRENQSES. Lessee agrees io use the Premises excIusiveIy for aviation or aviatian-reIated
commercial activities. It is specifically agreed and stipulaied ihat the follovving concessions are prohibited vr►der this
Leas�, unless specifically approved by the Director of Airport Systems or authorized representative: (i) ground
transportation for 4ure; (ii) motor r+ehicle rental, including taxi and Iimousine service; (iii) foad salas; (i�) barber and
valet services; (v) alcoholic beverage sales; and (�i) aviation-related sajes of pilot supplies.
11. SIGNS. T.essee may, at its own expense and with tiie prior written appro�al of the Director of Airport 5ystems
or authorized representative, create, install and maurtain signs in the Terminai indicatzng Lessee's business. Such sig,ns,
however, must be in keeping with ttie size, color, location and manner of display of o�►er signs throu�hout the Terminal.
In additzon, Lesse�: may, at its own expense, make, install and maintain a sign outside the Terminal on Lessor's property
subject to p�ior written approval by tl�e Director of Airport 5ystems or authorized representative as ta the sign's
placement, appearanca, construction, and conformity with applicahle City Code restrictions.
Lessee shall maintain all signs in a safe, n.eat, si�tly attd physically good condition. Lessee agrees to pay
Lessvr for any damage, injury or necessary repairs to the Prerraises resulting frvrn the installation, mainfenance or
ren�o�al af atiy such sign. Lessee also agrees to remove any sigr�. at its own expense immediately upon receipt of
instructions far s�ch removal from the Direetor of Airport Systems or authozized representative.
12. RIGHTS AND RESERVATIONS OF LESSUR. L�ssor hereby retains the %llowing rights and
reservations:
12.1. All fixtures and itezns permanenfly attached ta any structwe on the Premises be�ang to Lessar, and any
additions or alterations made thereon, si�all immedia�ely become the property oF Lessor.
12.�. Lessor reserves the right to ta�ce any actifln it considers necessary to protec� the aerial approaches of
the Airport against obsh'uctiao, including, but npt limited fa, the right to prevent Lessee from erecting
or pemutlang to be erected any building or ather structure which, in the opinian af Lessor, wauld lirnit
the usefulness of the A�irport, constitut� a hazard to aircra$ or diminish the capability of e�cisting or
firture avigational or navigational aids used at the Airpor�. - -
�:������k��u���� �
� _ ;t�nr r[ �;h ,r�',Q� �
a'` . . �'�� - 1
1�.3. Lessor resarves the right ta clase tempoxatily the Airport or any of its facilities for maintenance,
improvements, safety or security of either the Airport or ihe public, ar for any other cause deemed
necessary 6y Lessor. In this event, Lessor shall in no way be iiable for any da�nages asserted by
Lessee, including, but not linnited to, damages from an alleg�d disruption of Lesses's busiaess
operations.
12.�4. This Lease shail be subardinate to the pro�isions of any existing or fufure agreement between Lessor
and the Utvted Skates Government whic� relates to f11e operation or maintenance of the Anport and is
reyuired as a conciition for the expenditure oF federal fwids for t�e develapmen�, maintenance or repair
o£ Airport infrastructure,
12.5. Durin.�; any war ar national emergency, Lessar shali have the right to lease any part of the Airpart,
in.cluding its landing area, to the United 5tates Government. In this e�ent, any proviszons of this
mst�rum.ent which are incansistent with the provisions of the lease to the Government shail be
suspended. Lessor shall not be liable for any loss or darnages alleged by Lessee as a result of this
action. HavNever, notl�ing i� this Lease shaIl prevent Lessee from pursuing any rights it may have for
r�imbursement from the United States Government,
12.6. Lessor covenants and agrees that during the term of this Lease it v�iIl operate and maintain the AirporE
and its facilsties as a pnblic airport cansistent with and p�zrsuant to the Sponsar's Assurances given by
L,essar to �he United States Government through the Federal Airport Act; and Lessee agrees that this
Lease and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
13. INSi]RANCE.
13.1. �+nes af Covera�e and Limits. Lessee shalI procure and maintain at all times, in fuIl force and
effect, a policy oz policies af insurance as speeified herein, naming the City of Fort Worth as an additional insured and
coveriing all public risks related to the leasing, use, occupancy, maintenanee, existence or location of the Premises.
Lessee shali obtain the following insurance coverage at the lirnits specified herein:
� Commercial General Liability:
$I,000,000.00 per Qccurrence
(including Praducts and Compleied Operations)
' Automobile L'rability:
$1,000,000.40 per occurrence
• Aircesit Liability:
$1,000,�OO.OQ, to include passengers at not less than $100,000A0 per passenger,
In addition, Lessee shali be respansible far all insurance to any approved construction, improvemenfs,
modifications or renovations on or to tk�e Premises a�.d far persanal property of Lessee or in Lessee's care,
custody ar contaol.
13.2.. Adiustments to Reauired Coveraee and Limits. Insurance requirements, including additianal types
and limits of coverage and increased l�inaits an existing caverages, are subject to change si Lessar's option, and Lessee
will accordingly camply with such new requirements within thirty (30) days following notice to �,essee.
13.3. CerEi�ica#es As a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor
with a certificaie of insurance signed by the underwriter as proof that it has obtained the types and amounts of insurance
coverage required herein. Lessee hereby covenants and agrees that not less than thirty (30) days priar to the expiration of
any insurance policy requirecf hereunder, it shall �rovide Lessor with a new or renewal certificate of insurance. In
addition, Lessee shail, on demand, pro�ide Lessar rrrith evidence ti�at it has maintained such coverage in full force and
effect.
v�'�r ����.� �"��
w ' t
q. ,� n�n, r�rnt ��"?,�
13.4. Additional Reauirements. Lessee shalI maintazn its insuraniee with undervvri.ters auihorized to do
businass in the State of Texas and wlvch are satisfacfiory to I.essor. The Qolicy or poIicies of insurance shall he
�ndors�d to co�er ap of Lessee's aperations at the aiiport and to pro�ide that no material changes in coverage,
including, but not limited to, cancellation, tertnination, non-renewal or au�endment, sball be made without kfiirly
(30) days' prior written notice to Lessor.
14. INDEPENDENT CONTRACTOR. It is expressly understood and ageed that Lessee shall operate
as an ind�pendent contractor as to ali rights and pri�ileges granted herein, and not as an agent, representativa or
employee of Lessor. Lessee shaIl have the exclusive right to control the details of its operations and activities on the
Premises and shall be solely responsible for the acts and omissions of its afficers, agents, servants, employees,
contraetors, subcontractars, patrons, licensees and in�itees. Lessee acknowledges that the doctrine of respondeat
superiar sha11 not apply as between Lessor and Lessee, its officers, agents, employees, coniractors and subconiractors.
Lessee further agrees that nothing herein shall be construeci as the creation of a partnership or joint enterprise beiween
Lessor arzd Lessee.
15. IND�MNI�ICATIQN. LESS�'E HEREBY ASSUMES fILL L1'.4B1'LI'7"YAND RESPONSI'BILITY FOR
PROPERTY LOS,�, PROPERTY DIIMAGE AND/OR PEFSONAL INJURY OF ANY IUND, INCLUDING
DEATH, TD ANY AND ALL PERSONS, OF ANY �IND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR I1V CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE QR
Wl'TH THE LEASING, 1VI�IINTENANCE, iISE, OCCUPANCY, EXISTENC� OR LOCATTON OF THE
PREMISE�, EXCEPT TQ THE EXTENT CAUSBD BY THE NECLIGENT ACTS OR OMI.SS`ION.S' OR
INTEIVTI�NAL MISCONDUCT OF LESSOR
LESSEE C�VENANT�' AND AGREES TD, AND DOES' HEREBY, INDENINIFY, HOLD HARMI.ESS
AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERYANTS AND EMPLOYEES, FROMAND AGAINS`T
ANY AND ALL CI,AIIV�S' OR LAWSUl'T5` FOR EITHER PROPERTY DA�IAGE OR LOSS (INCLUDING
ALLEGED Df1MfiGE OR LOSS TD LESSEE'S BU,57NES5' AND ANY RESULTING LOST PROFITS) ANl)/OR
PER,SONA.� INJURY, INCLUDING DEATH, TD ANYAND ALL PERSON,S`, OF ANY gIND OR CHARACTER,
WHETHER REAL OR ASSERTED, AXISING OUT OF OR 1'N CONNECTION WITH THE USE OF THE
AIRPORT UNDER TELS LFfiSE OR WITH THE L�AS'ING, 11�AINTENANCE, U,5'E, OCCUPANCY,
FXI.S'TE'NCE OR LDCATIDN OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY TI�E
NEGLIGENTACTS Ol� QMISSIONS QR INTENTI'ONAL M1'SCONDUCT OF LES.S`OR
LE.4SEE AS,SUMES ALL RESPONSI'BILITY AND AGREES TO PAY LESSOR FOR ANY AND ALL
INJURY OR D.AM�IGE TO LESSOR'S PldOPER7Y WHICH ARl'SES OUT OF OR IN CONNECTI'ON W1'TH
ANY AND ALL ACTS OR OMIS.SIONS OF LES'S'EE, ITS DFF1'CERS, AGENTS, EMPLOYEES,
CONTRAC?'ORS, SUBCONTliACTORS, LICENSEES, INV1'TEES, PA1'"RONS OR TRESPASSERS, EXCEPT TO
7'HE EXTENT CAUSFJI B�' THE NEGLIGENT ACTS' OR OMISSIONS OR INTENTIONAL MISCOIVD UCT OF
LES'S'OR
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS PROPERTY.
LES'SOR SHALL NOT BE RESPONSIBLE F�R INJ'URY 7'O ANY PERSO�Y i7N THE PRE'NIISES OR FOR
HARM T� ANY PROPERTY WHICH BELONGS TO L.ESSEE, IT'S OFFICER.4, AGENTS, SERVAIIFTS,
�'MPLOYEES, CONTRACTORS, SUBCONTRACTORS, L.ICENSEES, INVITEES OR PATRONS, AND WHICH
MAY BE STOLEN, DES7'ROYED OR IlV ANY WAY.�r�M11 GED; AND LESSEE HEREBY INDEMNIFIES' AND
HOLDS H�IRMLESS LESSOR, ITS OFFICERS, AGENTS, SER[fANTs AND EMPLDYEES FROM AND
AGA.IN,ST ANY�IND ALL SUCH CLAIMS, EXCEPT TD THE EXTENT CAiISED BY THE NEGLIGENT ACTS
OR DMISSIONS OR INTENTIONAL MISC011TDIICT OF LES�'OR
l6. WAIVER OI' CAARITABLE IMMUNITY OR EXEMPTION. If Lessee, as a charitable association,
corparation, parmership, individual enterprise or entity, claims immunity �o or an exemptian from liability for any kinri
of pragerty damage ar personal damage, injury or death, Lessee heraby expressly waives its rights to plead defensively
any such immunity or exemption as against Lessor.
�� � , � �
� ���������e�!. _
I ��1� 4i���,��1�� i��'��,�
11, T�RMINATION. In addition to any ternniniation rigiats p:rovid�d herein, ihis Laase may be terminated as
fnllows:
1'�.1. Bv Either Partv. L,assor or Lesse� may termimate ttus Lease for any reason, to be ei%ctive on the
expiration date of ihe term in effect at the time, by providing the other paz�ty with written notice not less than thirty {30)
days prior to the effective date of such termination,
17.Z. Airaort Develoument. In the event that Lessor reqezires the Premises {i} as part af its pIans to further
de�el�p the Airport or (ii) for the convenience of the public's use of ti�e Airport, as determined by Lessor, Lessor may
terminate this �,ease �y providing Lessee with written notice not less than ane hundred ei�hty (180) days prior to the
effective date of such termination.
17.3, Railure to Pav Rent, If Lessee fails to pay rent for the Premises in accordance �vith Section 3, Lessor
shall provide Lessee with a written statement af the amount due. Lessee shall have ten {10) calendar days follovvin�
notice to pay the halance outstanding. If Lessee fails to pay the fuIl amount vvithin such time, Lessor shall ha�e the right
to terminate this Lease imnnediately,
17.4. Breach or Defanit 1�v Lessee. If Lessee commits any breach or default under this Lease, otlier than a
failure to pay rent, Lessor si�all deli�wer to Lessee a written notice specifying the nature oi such breach or default. Lessee
sha11 have thirLy (30) calendar days followir►g notice to cure, adjust or correct �e problem to the satisfaction of Lessor. If
T�essee fails to cure the breac�, default or iaiIure within the time period prescri6ed, Lessor shall have the right to
terminate this Lease imzr►ediat�ly.
I7.5. Riehts af Lessar U�pon Termination or Expiration. Upon termination or expiration af this Lease,
all rights, powers and privileges granted io Lessee hereunder shall ceas$ and Lessee shall ixnxnediately �acate
the Premises. Lessee agrees tl�at it will return the Premises and al� appurtenances and improvements thereon in
govd order and repair and in the same condition as existed at the tzme this Lease was entered into, s�bj�ct ta
ordinary wear and tear, Lessor shaIl have the immediate right to take full passession of the Premises, 6y force
if necessary, and to remove any and aIi parties remairung on any part of th.e Premises without further legal
process and without being liable %r trespass or any other cIaim. Lessor shall also have the right to remove any
and aIl �ixiut'es or equipment that may be fo�md within or upon the Premises witkiout being liable ther�for.
Lesse� agrees that it wiIl assert no claim of any kind against Lessor, its agents, sezvants, employees or
representatives which may stem from Lessor's termination of the Lease or any act incid�nt to Lessor's assertion
of its right tv t�rminate.
18. NOTICES. Natices required pursuant to the provisions of this Lease shall be conclusively determined to have
been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, ar{2}
deposited in the United Staies Mail, postage prepaid, addressed as follows:
To LESSOR:
For Rent:
CITY OF FORT WORTH
REVENUE O�FIGE
PO BOX 976
FORT WORTH TX 76101-0976
To L�SSE�:
DELTA AERONAUTICS, ].T1C.
ATTN KHALED MII,OUD
MEACHAM TNTERNATiONAL AIRPOIZT
�}201 NORTH MA1N STREET, SUITE-1 I9
FORT WORTH, TEXAS 76106
For AIl Other Matters:
DEPARTMENT DF AVIATION
MEACHAM INTERNATTONAL AIRPORT
4201 NORTH MA]N STREET, SUITE-200
FORT WORTH TX 76146-2736
0
j'�;���
.G
,�; �
�l :.
7��
'l�'� �
_ J�� —�
� �z
+x +
i9. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, sell, con�ey, sublet ar�ransfer any of its
rights, privileges, duties or interes#s granted by this Lease without the advance written cansent of Lessar. Any such
transaction atteznpted hy Lessee without prior wriiten consent by Lessor shall !�e nuli and void. If Lessor consents to any
such txansaction, the respective assignee or sublessee shall consent ta comply in writing with all terms and conditions set
farth in this L.ease the same as if that party had originally executed this Lease.
20. LIENS BY LESSEE. Lessee acicnowledges that it has no authority to engage in any act or to make any
contract which may create or 6e the foundation for any lien u�aon the property or interest in the property of Lessor. If any
such pur�orted lien is created ar filed, Less�e, at its sole cost and expense, shall iiquidate and discharge the same w�thin
thirty (30) days of such creation ar �iling. Lessee's failure to discharge any such purported lien shall constitute a breaekz
of this Lease and Lessar may terminate this i,ease immediately. However, Lessee's financial obligation to Lessor to
liquidate and discharge such lien shall continue in effeet following termination oi this Lease and until such a time as the
lien is discharged.
�1. TAXES AND ASSESSMENTS. Less�e agiees to pay any and all federal, state or local taxes or assessmants
which may lawfully be levied against Lessee due to Lessee's use or oecupancy of the Premises or any impravements or
property placed on the Premises by Lessee as a result of i�s occupancy.
22. COMPLIANCE WITH LAW S. ORDINANCES, RUL�S AND REGiTLATIONS. Lessee covenants azad
agrees that it shall not engage zn any unlawful use di the Premises. Lessee further agrees that it shall not perznit its
officers, agents, servants, employees, contractors, subconlractors, patrons, licensees or invitees to engage iun any unIawful
use of the Premises and Lassee iunmediat�ly shall remove from the Premises any persoz� engaging in such unlawful
activities. Unlawful use af the Premises by Lessee itseli shatl constitute an immediate hreach of this Lease.
Lessee agrees to comply witk� all fe.deral, state and local laws; all ordinances, rules and reguiations of the City
of Fort Worth and the Ciiy of Fart 1�Voz th Palice, Fire and Health Departments; alI rules and regulations established by
the Federal Aviation Administration and the Director of Airport Sysiems; and all rules and regulations adopted by the
City Council pertaining to the canduct required at airports owned and operated by the City, as such laws, drdinances,
rules and regulations exist ar may herea$er be amended or adapted (collectively "Laws"). Lessee harehy assumes full
responsibility for fhe violation of any Law by Lessee, its officers, agents, employees, contractors, subcontractors,
licensees or irivitees and shall pay or fully iridernnify the City far any fines or other lawful penalties assessed for any
sueh violatinn. If Lessor notifies Lessee or any of its nf�cers, agents, employees, contractors, subcontractors, Izcensees
or invitees of any �ioIation of such laws, ordinances, rules or regulations, Lessee shall imrr�ediately desist from and
carr�ct the violation.
23. NON-DISCRIMINATION COVENANT. Lessee, far itseLf, its personal representatives, successors in
inter�st a�d assigns, as part of the consideration herein, agrees as a covenant running with th.e land that no persan shall be
excluded from parL�cipation in or denied the benefits of Lessee's use of the Premises on the basis of race, color, national
origin, raligion, handicap, sex, sexual arientaYion or fami3ial status. Lessee fiuther agxees for itsslf, its personaI
representatives, successors in interest and assigns that no person shall be excluded fram the pro�isian o£any services on
or in the construction of any impravements pr alterations to the Premises on grounds of race, color, national nrigin,
religior�, handicap, sex, sexual orientatian or familial status.
Lessee agrees fio furnish its accommpdations az�d to priee its goods and services on a fair and equal basis to a�l
persons. In addiiian, Lessee covenat�ts and agrees that it will at all times comply with any requirements imposed by or
puzsuant to Title 49 of the Gode vf Federal Regulations, Part 21, Non-Discrimina�ion in Federally Assisted Programs of
the Deparhnent of Transportation and with any amendments to ihis regulation which may hereafter be enacted.
If any claicn arises from an alleged �+iolatian of-this non�discrimination coven�nt by Lessee, its personal
representatives, successors in interest or assigns, Lessee agrees to indemnify Lessor and hold Lessae harmless.
�4. LICENSES AND PERM�'�S. Lessee shall, at its sole expense, abtain and k�e� in effect all licenses and
pernuts necessary fnr the operation of its business at ihe Airport.
25. GOVERNIVIENTAL POWERS. It is understood and agreed th�t by execution pf this Lease, the City of F'ort
�Worth does not wa'sve or surrender any of its governmental powers.
. , ..
i yI�. � -'p � i
<i. � �. u S�: w'���
• -'a"3n :
7 U i� T.1ri��' 1it,
� j��.
�6. NO WAIV�R. The failure of Lessor to iz►sist upon the performance of any term or provision of this Lease ar
to exerc�se any right granted hereix► shall not constitute a waiver of Lessor's right to insist upon apprnpriate performance
or to assert any such rigf�t on any future occasion.
27. VENLT�. Shauld any action, whether real or asserted, at law or in equity, arise out of the terms oitl�is I,ease ar
by Lessee's operatians an the Premises, venue for such action shall !ie in staie co►ufis in Tarrant County, Texas ox tt►e
United States District Court for fii�e I�Tor�ern District of Texas, F'ort Worth Division. Th�s Lease shall be construed in
accordance with the lavvs of the �tate of Texas.
�S. ATTORNEYS' F�ES. In any action bmught by Lessor for tlze enforcement of the obligations of Lessee,
Lessor shall be entitled to recover interest and reasonable attorneys' fees.
�9. SEVERABILITY. If any provision of this Lease shalI he held to be invalid, ill�ga! or unen%rceable, tlse
validity, legality and enforceability of the remaining provisians shall not in any way he affected or impaired.
30. TORCE MAJEURE. Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligatians as set forth in this F.�ase, but shall not be held liable for any delay in ar omission of perfarmance due to force
majeure ar other causes beyond their reasonable control, including, but not limited to, complia�ce with any government
law, ordinance or regulation, acts of God, acts oi omission, fires, strikes,lockauts, nati�nal disasters, wars, riots, material
or labor restrictions by any governmental autharity, transportation problems andlar aa�y other cause beyond the
reasonable control af khe parties.
31. HEADING� NOT CONTROLLING. Headings and titles used in this Lease are %r reference purposes only
and shall not be deemed a par� of this Lease.
3�. ENTIRETY OF AGREEMENT. This wt�itten instrument, including any documents ineorporated herein by
reference, cantains the entire understanding and agreement between Lessor and Lessee, its assigns and successors in
interest, as to the matters contained herein. Any prior or contemparaneous ara! or writ�en agreement is hereby decIared
nuIl and �oid to the extent in conflict with any provisions of tl�is Lease. The terms and conditions of this Lease shall not
be amended u�less agreed ta in writing by both parties and apprvved by the City Council of Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in muI�iples this %G, � day of
�� � 20�
Cir
By
ATTES'�'! �
� �� � I � �_
B`/� �r . ��/
J
�ty Secreiar,�
APPROV�D AS TO FORM AND LEGALITY:
By: �
Assistant City Atto ney
M&C: � �c3T�`� ��J J�/��
DELTA AERONAUTICS, TNC:
�
By: �
i ud
President
ATT'�ST:
i
i
;��.M � � Wuu
'' M1�ir+'`�,;,i,�ijii�� U�'� y
STATE OF TEXAS
COUNTY OF TAItRANT
BEFORE ME, tlie undersigned authority, a Notary Fublic in and for th.e State ai Texas, on this day personally
appeared Khaled Miloud, lasawn to me to he the person whase nama is subsc�ribed to th� ipregping instrument, and
aclrnowledged ta me that the same was the act of Delta Aeronautics, Inc. and that he/she executed the same as the act of
Delta Aeronautics, Tne. for the purposes and consideration therein expressed and in the capacity therein stated.
G1VEN UI>IT]ER MY IIAND AND SEAL OF OFFICE #his ��ay of � , 20 8:Z
���ti��� u i i i �r�rl�� �
�
���•`���� . �; �'� ��'•ii
'`��'(�v �� �!'•% � �. �� __
: ��; Notary Public in and for tl�e SYate of Texas
c
XA � '�� . —
STAi'� OF TE S �§ � �A� �� ;
COUNTY OF TARRANT •,�'�����'��� C� •'������•
��i, 2�/2� ����
.
�!�!!H 1 I I 1 N�t��1
BEFORE ME, the dersi�ed autkxority, a Notary Public in and for the State of'Texas, on this day personalIy
appeared Assistant City �}�"�own to me to be the parson whose name is subscribed to the foregaing instrument,
and ackr�owladged to me t,�at the same was the act of the City of Fort Worth and that he executed the same as the act of
said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated.
G1VEN iJNDER MY HAND AND SEAL OF OF�ICE this �� �iay of �?,t �, 20 4 Z .
������ � �
Natary Public in and far the State of Texas
��Y �� �as��� s��N�s
z�� �� NOTARY PUBLIC
����� � S4$te o4 Texas
�� Comm. Exp. 03-31-2Q06 _
•m"�'v o�..•w s s a� n i. �r •.� v+w��'y'�•q ar �
Lease Agreement.Delta-Qualiflight.Term Lease
b ��� � � ��� �
�el�a �e�on�utics, Inc,
�Xillbl� - �
SUIT�
��s . .
(Jetway}
Sforage
DIM�IVSIONS
SQ. FT.
2,417
120'6"x18'6", (11'9"x8')x2
195 Unik 1�0. 9
"19S Unit No. 10
Tota! for
T-Hangars
T bANGARS
A 4ifARtE
__ FORi
nrgniz�M �Q�f�
��'PARiM�N7" C3�
si YfA i1� iV
��.
sriqn �
Ri4T� hflONYH Y�R
$12.62 $2,541.88 $30,5�2.54
��a.00 ���o.oa
52,��1.8� $30,622,5�4
. �
f111UiV I tiLY
QUAN�f�Y RAT� fVIOiVTH YEAR
1 $270.00 $270.00 $3,240.00 �
� �2-ro.oa �27o.ao �s,2aa.ao
$540.OQ $B,4�Q.00
n�o►ur� to wronrr�
f111UN I Fil.,Y
f�lUA�V�'IiY RATE I�fiONTW Y�AR
Aircratt
Tie-Downs Single or M�Iti-Engine aircraft 12,5d0 Ibs. and under. 14 $103.20 $'1,444.80 $17,337.6Q
� iOTAL, vvith the Jetway �4,�36.�8 $�4,4�0.1 ��
Exhibif A.Defta-Qualiflight Flight Scoal 8116/02
�`ity oj`"�o�t Wo�th, Texas
M�yor �r�d Cou�c�I Co�����c�-�io�
�ATE REFERENCE NUMBER LO� NAME PAGE
11/51a2 �`*L-'i 3443 55AER0 1 of 1
SLlBJ�CT LEASE AGREEMENT WITH DELTA AERONAUTICS, 1NC. �OR OFFICE SPACE AT
FORT WORTH MEACHAM INTERNATIONA�. AIRPORT
RECOMMENDATION:
It is r�commend�d thaf the City Council authoriz� the City Manager to execute an annual Terminal
Building Ofice Lease Agreement with Delta Aeronautics, Inc. for 2,417 square feet of office space on
the first floor of fhe Terminal Building at Fort Wor�h Meacham International Airport,
D15CUSSION:
The Avia�ion Depart�-nent has recei�e� a request from Khaled Miloud, President of DeEta Aeronautics,
Inc. to leas� first floor office space in the Terminal Building at Fort Wor�h Meacham International Airport.
Th� #otal revenue receiv�d fram this lease will be $3a,622.54 per year, or $2,551.88 per monih. Based
on an assumed start date of Navember 1, 2002, the revenue that will be recei�e� under this lease for
the remainder of the fiscal year is $28,070.66.
The rent will be adjusted annually on October 1st in accor�ance with the rate ir� effect st that tim�. The
t�rm of th� agr��m�nt will begin on the date of ex�cution, and �xpire September 30, 20D3. The
agreement will automatically renew for an additionaf year unless either party notifies the atiher 30 days
in ad�ance of the expiratian of its intent to cancel the agreement. All terms and con�itions wiH folbw
standard City and Aviatiar� Department policies.
The Aviation Advisory Baard has reviewed this proposal wifhouf any opposition.
Fort Worth Meacharn International Airport is located in COUNCIL DISTRICT 2.
F I SCAL. I N F�RMATI {?NICE RTI F1 CATI O N:
The Finance Direc�or certif�es that the Revenue Office of fh� Financ� Depar#ment will be responsible tor
the col[ecfiion and deposit ofi funds due to the City under this lease agreement.
►f�i�C+�'�
Submitted for City Manager's
O#'f ce by:
I FI1ND I ACCOUNT I C�NTER
� (to}
� PE40 491282 D552001
847G I
I AMOUNT
CITY SECRETARY
Marc Ott
Originating Department Head:
Bridgette Gan•ett (Acting)
Additional Infor�rr►atioa Contact:
Luis Llguezabal
�
5403 I {fram)
�
5401 I
$28,07D.fi6
APPROVED 11105/02